Bill Text: MI HB4933 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Children; foster care; educational stability for children in an out-of-home placement; provide for. Amends secs. 2 & 4a of 1994 PA 203 (MCL 722.952 & 722.954a) & adds sec. 4f. TIE BAR WITH: HB 4934'17, HB 4935'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-14 - Bill Electronically Reproduced 09/13/2017 [HB4933 Detail]
Download: Michigan-2017-HB4933-Introduced.html
HOUSE BILL No. 4933
September 13, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1994 PA 203, entitled
"Foster care and adoption services act,"
by amending sections 2 and 4a (MCL 722.952 and 722.954a), as
amended by 2016 PA 190, and by adding section 4f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adoptee" means a child who is to be adopted or who is
adopted.
(b) "Adoption attorney" means that term as defined in section
22 of the adoption code, MCL 710.22.
(c) "Adoption code" means the Michigan adoption code, chapter
X of 1939 PA 288, MCL 710.21 to 710.70.
(d) "Adoption facilitator" means a child placing agency or an
adoption attorney.
(e) "Adoptive parent" means the parent or parents who adopt a
child in accordance with the adoption code.
(f) "Agency placement" means that term as defined in section
22 of the adoption code, MCL 710.22.
(g) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(h) "Department" means the department of health and human
services.
(i) "Direct placement" means that term as defined in section
22 of the adoption code, MCL 710.22.
(j) "Educational stability" means maintaining enrollment in
the school in which the child was enrolled at the time of placement
to the extent possible or, when a child's best interests indicate a
change in schools is necessary, ensuring a child experiences a
minimal lapse in enrollment in school while transitioning to a
different placement or living arrangement.
(k) (j)
"Foster care" means a
child's placement outside the
child's parental home by and under the supervision of a child
placing agency, the court, or the department.
(l) (k)
"Preplacement assessment"
means an assessment of a
prospective adoptive parent as described in section 23f of the
adoption code, MCL 710.23f.
(m) (l) "Sibling"
means a child who is related through birth
or adoption by at least 1 common parent. Sibling includes that term
as defined by the American Indian or Alaskan native child's tribal
code or custom.
(n) (m)
"Supervising agency"
means the department if a child
is placed in the department's care for foster care, or a child
placing agency in whose care a child is placed for foster care.
Sec. 4a. (1) If a child has been placed in a supervising
agency's care under chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.1 to 712A.32, the supervising agency shall comply
with
this section and sections 4b, and 4c, and 4f.
(2) Upon removal, as part of a child's initial case service
plan as required by rules promulgated under 1973 PA 116, MCL
722.111 to 722.128, and by section 18f of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.18f, the supervising
agency shall, within 30 days, identify, locate, notify, and consult
with relatives to determine placement with a fit and appropriate
relative who would meet the child's developmental, emotional, and
physical needs.
(3) The notification of relatives required in subsection (2)
shall do all of the following:
(a) Specify that the child has been removed from the custody
of the child's parent.
(b) Explain the options the relative has to participate in the
care and placement of the child, including any option that may be
lost by failing to respond to the notification.
(c) Describe the requirements and benefits, including the
amount of monetary benefits, of becoming a licensed foster family
home.
(d) Describe how the relative may subsequently enter into an
agreement with the department for guardianship assistance.
(4) Not more than 90 days after the child's removal from his
or her home, the supervising agency shall do all of the following:
(a) Make a placement decision and document in writing the
reason for the decision.
(b) Provide written notice of the decision and the reasons for
the placement decision to the child's attorney, guardian, guardian
ad litem, mother, and father; the attorneys for the child's mother
and father; each relative who expresses an interest in caring for
the child; the child if the child is old enough to be able to
express an opinion regarding placement; and the prosecutor.
(5) Before determining placement of a child in its care, a
supervising agency shall give special consideration and preference
to a child's relative or relatives who are willing to care for the
child, are fit to do so, and would meet the child's developmental,
emotional, and physical needs. The supervising agency's placement
decision shall be made in the best interests of the child.
(6) Reasonable efforts shall be made to do the following:
(a) Place siblings removed from their home in the same foster
care, kinship guardianship, or adoptive placement, unless the
supervising agency documents that a joint placement would be
contrary to the safety or well-being of any of the siblings.
(b) In the case of siblings removed from their home who are
not jointly placed, provide for at least monthly visitation or
other ongoing contact between the siblings, unless the supervising
agency documents that at least monthly visitation or other ongoing
contact would be contrary to the safety or well-being of any of the
siblings.
(7) If siblings cannot be placed together or not all the
siblings are being placed in foster care, the supervising agency
shall make reasonable efforts to facilitate at least monthly
visitation or other ongoing contact with siblings unless a court
has determined that at least monthly visitation or other ongoing
contact with siblings would not be beneficial under section 13a(16)
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.13a.
(8) If the supervising agency discontinues visitation or other
ongoing contact with siblings because the supervising agency
determines that visitation or other ongoing contact is contrary to
the safety or well-being of any of the siblings, the supervising
agency shall report its determination to the court for
consideration at the next review hearing.
(9) A person who receives a written decision described in
subsection (4) may request in writing, within 5 days, documentation
of the reasons for the decision, and if the person does not agree
with the placement decision, he or she may request that the child's
attorney review the decision to determine if the decision is in the
child's best interest. If the child's attorney determines the
decision is not in the child's best interest, within 14 days after
the date of the written decision the attorney shall petition the
court that placed the child out of the child's home for a review
hearing. The court shall commence the review hearing not more than
7 days after the date of the attorney's petition and shall hold the
hearing on the record.
Sec. 4f. (1) In determining placement of a child, in addition
to the requirements in sections 4a, 4b, and 4c, the supervising
agency shall, if practicable, locate a placement within the same
school district where the child was most recently enrolled that
allows the child to continue enrollment in the same school.
(2) After determining placement of the child, the supervising
agency shall make a determination as to whether it is in the
child's best interests to remain in the same school that he or she
attends at the time of placement. In making this determination, the
supervising agency shall consider the reasonable preference of the
child if the supervising agency considers the child to be of
sufficient age to express preference.
(3) If the supervising agency determines that the school in
which the child is enrolled at the time of placement is not in the
best interests of the child, the supervising agency and the school
administration shall work together to ensure immediate and
appropriate enrollment in a new school, taking into consideration
the child's reasonable preference if the supervising agency
considers the child to be of sufficient age to express preference.
The supervising agency and the school administration shall work
together to provide all of the child's education records to the new
school, in a manner consistent with current statute, including, but
not limited to, section 1135 of the revised school code, 1976 PA
451, MCL 380.1135.
(4) In a school change required under this section, the
administration of the new school shall immediately enroll a child
in that school, even if the child is unable to produce required
records, including, but not limited to, the following:
(a) Academic records.
(b) Medical records.
(c) Proof of residency.
(5) The administration of the new school shall immediately
request the child's records from the child's previous school. The
administration of the previous school shall provide the following:
(a) All relevant and essential records within 3 working days
of receipt of any request made under this section.
(b) All relevant and nonessential school records to the new
school within 10 working days of receipt of any request made under
this section.
(6) Subject to the family educational rights and privacy act,
20 USC 1232g, the supervising agency responsible for the child
shall be allowed access to all educational records in order to
allow for proper transfer.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4934 (request no.
03625'17 a).
(b) Senate Bill No.____ or House Bill No. 4935 (request no.
03625'17 b).
